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Employer’s Right of Termination
An employer has the right of immediate termination, which is also
referred to as summary termination, in the event that the reasons, as
stipulated under Article 25 of the Law, exist. These reasons are cate-
gorized under the topics of health, immoral, dishonorable, malicious
conduct, or other similar behavior, as well as force majeure. Within the
scope of immoral, dishonorable, or malicious conduct topics, sub-
Article I, which stipulates the breach of the commitment to perform
properly, sub-Article E, which stipulates the breach of the commitment
to perform subordinately, and sub-Article B, which governs speech or
actions that constitute an offence against the honor or dignity of the
employer, constitutes just causes for the employer.
Therefore, in the event that the employer obtains proof of one of
the above-mentioned reasons as a result of e-mail and computer mon-
itoring, he may immediately terminate the employment agreement
4
.
However, the employer may not exercise this right after six working
days of having become aware of these facts, and in any event, after one
year following the commission of the act has elapsed. The “one year”
statutory limitation shall not be applicable if the employee has extract-
ed material gains from the act concerned. In the event that the employ-
er terminates the agreement by just cause, the employee shall not be
entitled to severance and notice pay. He shall not be entitled to initiate
a reemployment lawsuit, as well.
Indeed, in the matter that is subject to Decision Numbered 2009/447
E., the employer made note of several e-mails contain revilements
against the employer, and which e-mails denigrate the company. The
Court found these emails sufficient to terminate the agreement for just
cause, and the employee was, therefore, not entitled to severance and
notice pay.
To avoid the results of these sudden supervisions, firstly the
employees should not use company computers and e-mails for their
personal purposes. As well, it may be legally useful that employers reg-
LABOR LAW
315
4
Decisions of the 9
th
Chambers of the Court of Cassation, dated 4.5.2009, numbered 2008/36305
E., 2009/12393 K.; dated 17.03.2008, numbered 2007/27583 E., 2008/5294 K. may be given as
example in the relevant matter.